1/10/2017
Animal Care Laws in Virginia:
What you need to know to
combat animal abuse in
Equids
What are we going to talk about?
 My background
 Animal Abuse vs. animal cruelty…what does it all
mean??
 Which animals??
 Virginia laws
Carolynn Bissett, DVM, MPH, DACVPM
Program Manager
Office of Veterinary Services
Division of Animal and Food Industry Services
Virginia Department of Agriculture and Consumer
Services
 Who does what?
 What you can do!!!
What is considered Animal Abuse?
 Animal Abuse is defined differently in every state
 Every state in the US has some sort of animal
abuse law, but they vary tremendously
 Some states differentiate neglect and “cruelty”
 Virginia??
Virginia Animal Care Laws
 We have a whole bunch!!!!

Refer to as the Comprehensive Animal Care Laws
 But…generally think in three areas…

Adequate Care

Animal Cruelty

Animal Fighting
1
1/10/2017
Which animals are covered??
 Domestic animals


Companion
Agricultural
Who’s a what?
 Companion animal:




 Wildlife


all species of wild animals, wild birds and freshwater fish in
the public waters of this Commonwealth




Domestic or feral dog
Domestic or feral cat
Nonhuman primate
Guinea pig, hamster, rabbit (not food/fiber)
Exotic or native animal
Reptile
Exotic or native bird
Any feral animal or any animal in the care, custody, ownership of a
person
Any animal that is bought, sold, traded, bartered by any person
Who’s a what??
 Agricultural animal

Livestock


Domestic or domesticated…
 Bovine, equine, ovine, porcine, cervidae, capridae, genus
Lama, ratites, fish or shellfish in aquacultures
 Rabbits raised for food fiber
 Any other individual animal raised for food or fiber, except
companion animal
Poultry

Domestic fowl and game birds in captivity
What about Virginia?
 § 3.2-6503: describes adequate care for companion
and agricultural animals


Minimum standards!
Companion animals: adequate feed, water, space, exercise,
shelter, care, transportation and veterinary care


Applies to all shelters, boarding establishments, kennel, groomer,
pet shop, exhibitor
Agricultural animals: feed to prevent malnourishment, water
to prevent dehydration, veterinary treatment
2
1/10/2017
Agricultural animal adequate feed
 Feed to prevent malnourishment
Agricultural animal adequate veterinary care
 Veterinary treatment as needed to address
impairment of health or bodily function, when such
impairment cannot be otherwise addressed through
animal husbandry, including humane destruction
Agricultural animal adequate water
 Water to prevent dehydration
Agricultural animal adequate care exceptions
 When feed or water is customarily withheld,
restricted, or apportioned pursuant to a farming
activity, or if otherwise prescribed by a veterinarian
 What is farming activity:



Standard animal husbandry practice
Raising, management and use of agricultural animals to
provide food, fiber
Transportation, breeding, exhibition, lawful recreational use,
marketing, transportation and slaughter of agricultural
animals pursuant to such purposes
3
1/10/2017
How is cruelty different?
Agricultural animal adequate care exceptions
 No violation if an owner is unable to provide feed,
water or veterinary treatment due to an act of God
 Animals used for bona fide medical or scientific
experimentation
 Applies to all animals

Animal:
animal means any nonhuman vertebrate species including fish
except those fish captured and killed or disposed of in a reasonable
and customary manner
 Includes wildlife

 Equine specific activities in Virginia
Cruelty
 § 3.2-6570. Cruelty







(i) overrides,
overdrives, overloads, tortures, ill-treats, abandons, willfully inflicts
inhumane injury or pain not connected with bona fide scientific or medical
experimentation, or cruelly or unnecessarily beats, maims, mutilates, or kills
any animal, whether belonging to himself or another;
(ii) deprives any animal of necessary food, drink, shelter or emergency
veterinary treatment;
Cruelty: Willful infliction
 § 3.2-6570. Cruelty

(iii) sores any equine for any purpose or administers drugs or medications to alter
or mask such soring for the purpose of sale, show, or exhibition of any kind,
unless such administration of drugs or medications is within the context of a
veterinary client-patient relationship and solely for therapeutic purposes;
(iv) ropes, lassoes, or otherwise obstructs or interferes with one or more legs of
an equine in order to intentionally cause it to trip or fall for the purpose of
engagement in a rodeo, contest, exhibition, entertainment, or sport unless such
actions are in the practice of accepted animal husbandry or for the purpose of
allowing veterinary care
(v)willfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal;
(vi) carries or causes to be carried by any vehicle, vessel or otherwise any animal in a cruel, brutal, or inhumane
manner, so as to produce torture or unnecessary suffering; or
(vii) causes any of the above things, or being the owner of such animal permits such acts to be done by another
(i)
overrides, overdrives, overloads, tortures, ill-treats, abandons,
willfully inflicts inhumane injury or pain not connected with bona
fide scientific or medical experimentation, or cruelly or unnecessarily
beats, maims, mutilates, or kills any animal, whether belonging to
himself or another;
 Examples:





Stabbing
Gunshot
Beating
Asphyxiation
Sexual Abuse
4
1/10/2017
Cruelty: Deprivation
 § 3.2-6570. Cruelty

(ii) deprives any animal of necessary food, drink, shelter or
emergency veterinary treatment;
Agricultural animals
Failure to
provide care
Animal Cruelty
 Examples:





Starvation
Dehydration
Sunburn
Frostbite
Failure to provide care for wounds, fractures, etc
 Can often be thin line between inadequate care and
cruelty, difficult with livestock
Agricultural animals
Necessary Veterinary Treatment
Animal Cruelty
Failure to
provide care
5
1/10/2017
Cruelty: Soring
Cruelty: Tripping
 ropes, lassoes, or otherwise obstructs or interferes with one or more legs of an
 Sores any equine
 Administers drugs or meds to mask soring
equine in order to intentionally cause it to trip or fall for the purpose of
engagement in a rodeo, contest, exhibition, entertainment, or sport unless such
actions are in the practice of accepted animal husbandry or for the purpose of
allowing veterinary care
Agricultural animals
Is it a legitimate farming activity?
Who does what??
 Every state is set up differently
 Virginia players

Farming
Activity
Animal Cruelty



Animal Control Officers
Humane Investigators
Law Enforcement Officers
State Veterinarian or his representative

Virginia Department of Agriculture
6
1/10/2017
Who do I tell?
 In Virginia, every jurisdiction (county or city) is
REQUIRED by law to have at least one animal
control officer (ACO); their duty is to investigate
and uphold the Comprehensive Animal Care
Laws
 All suspected animal abuse should be reported to
local animal control
Animal Control Officers
 There are only 4 categories of trained, certified or
licensed animal care professionals in Virginia




Licensed Veterinarians
Licensed Veterinary Technicians
Animal Control Officers
Certified Wildlife Rehabilitators
 Animal Control Officers




Must complete a basic training within one year of hire
Must complete 15 hours of continuing education every 3 years
Approximately 50% of ACOs are trained law enforcement officers
Those that are not must work with local law enforcement to serve
warrants or make arrests
 Humane Investigators, Law Enforcement Officers
When are animals seized?
 Animal Control Officer, Law Enforcement Officer or
Humane Investigator may seize an animal that has
been:



Abandoned
Cruelly treated
Suffering from other violation
Then what happens…
 Must have custody hearing in court within 10 days




Judge determines if animal has been abandoned, cruelly
treated or adequate care
Animal can be returned to owner
If seizure upheld, owner can appeal
This is why Commonwealth Attorney should approve seizure
 State Vet’s role in seizure


Soring
Must be notified
 It can take months to determine custody
7
1/10/2017
What does the State Veterinarian do for animal
welfare?
 Animal Shelter Inspections (1 inspector; 155 shelters)
 Veterinary Medicine and Forensic support for local
animal control (1 Staff Veterinarian for Animal Care)
 What we cannot do:






Independently investigate
Force closure of business
Take away animals
Fire animal control officers
Charge anyone or force a Commonwealth’s Attorney to charge
Make or change laws
 Primary Responsibility for enforcement of animal care
laws rests with local Animal Control Officers
What is the role of the veterinary professional?
 Report potential abuse
 What qualifies as LEGAL abuse?
 What signs might be present?
 Educate ourselves on relevant laws!
 Assist with investigations
 Ways: examine live animals, necropsy, rescue operations
 Learn about the animal as evidence
 REQUIRES TRAINING!!!!
 Do not assist if you do not know how to preserve evidence
 Serve as expert witness
 Assist your local animal control!!!!!!!!
Best things you can do to help
 Contact and support local animal control!!!



Offer assistance with advice, with cases, with forensic exams
(we can help you)
Offer training on various animal handling, nutrition, behavior
Help build a community of support
 Network with other area veterinarians to offer
support to local animal control
 Encourage ideal standards, but keep in mind that
legal standards are different
Should veterinary professionals be required
to report potential animal abuse?
 Not mandated in VA, but…


May be considered unprofessional conduct for DVMs and
LVT’s to not report (see Regulations Governing the Practice
of Veterinary Medicine)
Many states mandate reporting
 § 54.1-3812.1: Veterinarians and LVTs reporting
suspected animal cruelty are assured immunity
from civil or criminal liability, penalty or
sanction
8
1/10/2017
Is it just the right thing to do?
Questions???
 AVMA:

veterinarians may observe cases of animal abuse or neglect as defined by federal or state laws, or local
ordinances. The AVMA considers it the responsibility of the veterinarian to report such cases to
appropriate authorities, whether or not reporting is mandated by law. Prompt disclosure of abuse is
necessary to protect the health and welfare of animals and people. Veterinarians should be aware that
accurate, timely record keeping and documentation of these cases are essential. The AVMA considers it the
responsibility of the veterinarian to educate clients regarding humane care and treatment of animals.
 AAHA:

The American Animal Hospital Association supports reporting of suspicions of animal abuse to the appropriate
authorities when education is inappropriate or has failed.
 Veterinary Oath:



Being admitted to the profession of veterinary medicine, I solemnly swear to use my scientific knowledge and
skills for the benefit of society through the protection of animal health and welfare, the prevention and
relief of animal suffering, the conservation of animal resources, the promotion of public health, and the
advancement of medical knowledge.
I will practice my profession conscientiously, with dignity, and in keeping with the principles of veterinary
medical ethics.
I accept as a lifelong obligation the continual improvement of my professional knowledge and competence .
9